# AVIDITI FINANCIAL, LLC X-17A-5 (2023-03-31) — Broker-dealer annual report

- Company: AVIDITI FINANCIAL, LLC
- Form: X-17A-5
- Filed: 2023-03-31
- Period: 2022-12-31
- Accession: 0001811184-23-000003
- CIK: 1811184
- File #: 8-70523
- Type: Broker-dealer
- Material weakness: Yes
- Auditor: Weaver and Tidwell
- Auditor location: Houston, TX
- Contact: Fred Bush
- Phone: 5124154009
- Email: fbush@compliance-risk.com
- Website: compliance-risk.com
- Signed by: Edward R Balsmann (General Counsel)

Original filing: https://www.sec.gov/Archives/edgar/data/1811184/000181118423000003/Aviditi2022public2.pdf

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# AVIDITI FINANCIAL, LLC

Financial Report For the year ended December 31, 2022

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## UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

# ANNUAL REPORTS FORM X-17A-5 PART III

| UNITED STATES<br>SECURITIES AND EXCHANGE COMMISSION<br>Washington, D.C. 20549                                                                                                                                                                             | OMB APPROVAL<br>OMB Number:<br>Expires:<br>Estimated average burden<br>hours per response: |
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| ANNUAL REPORTS                                                                                                                                                                                                                                            | SEC FILE NUMBER                                                                            |
| FORM X-17A-5                                                                                                                                                                                                                                              | 8-70523                                                                                    |
| PART III<br>FACING PAGE<br>Information Required Pursuant to Rules 17a-5, 17a-12, and 18a-7 under the Securities Exchange Act of 1934<br>01/01/2022<br>FILING FOR THE PERIOD BEGINNING _____________________ AND ENDING ______________________<br>MM/DD/YY | 12/31/2022<br>MM/DD/YY                                                                     |
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| A.<br>REGISTRANT IDENTIFICATION                                                                                                                                                                                                                           |                                                                                            |

# NAME OF FIRM: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

|                                                                   | FORM X-17A-5                                                                                                                                                                                                                                                                                                                                                                     |                                       | 8-70523                                    |
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|                                                                   | PART III                                                                                                                                                                                                                                                                                                                                                                         |                                       |                                            |
|                                                                   | FACING PAGE                                                                                                                                                                                                                                                                                                                                                                      |                                       |                                            |
|                                                                   | Information Required Pursuant to Rules 17a-5, 17a-12, and 18a-7 under the Securities Exchange Act of 1934                                                                                                                                                                                                                                                                        |                                       |                                            |
|                                                                   | FILING FOR THE PERIOD BEGINNING _____________________ AND ENDING ______________________                                                                                                                                                                                                                                                                                          |                                       |                                            |
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|                                                                   | NAME OF FIRM: _______________________________________________________________________                                                                                                                                                                                                                                                                                            |                                       |                                            |
| TYPE OF REGISTRANT (check all applicable boxes):<br>Broker-dealer | Security-based swap dealer<br>Check here if respondent is also an OTC derivatives dealer                                                                                                                                                                                                                                                                                         | Major security-based swap participant |                                            |
|                                                                   | ADDRESS OF PRINCIPAL PLACE OF BUSINESS: (Do not use a P.O. box no.)                                                                                                                                                                                                                                                                                                              |                                       |                                            |
| 8117<br>Preston<br>Road,                                          | Suite<br>450<br>_____________________________________________________________________________________                                                                                                                                                                                                                                                                            |                                       |                                            |
|                                                                   | (No. and Street)                                                                                                                                                                                                                                                                                                                                                                 |                                       |                                            |
| Dallas                                                            | TX<br>_____________________________________________________________________________________                                                                                                                                                                                                                                                                                      |                                       | 75225                                      |
| (City)                                                            | (State)                                                                                                                                                                                                                                                                                                                                                                          |                                       | (Zip<br>Code)                              |
| PERSON TO CONTACT WITH REGARD TO THIS FILING                      |                                                                                                                                                                                                                                                                                                                                                                                  |                                       |                                            |
| Fred<br>Bush                                                      | 512-415-4009<br>_____________________________________________________________________________________                                                                                                                                                                                                                                                                            |                                       | fbush@compliance-risk.com                  |
| (Name)                                                            | (Area Code – Telephone Number)                                                                                                                                                                                                                                                                                                                                                   | (Email Address)                       |                                            |
|                                                                   | B.<br>ACCOUNTANT IDENTIFICATION                                                                                                                                                                                                                                                                                                                                                  |                                       |                                            |
|                                                                   | INDEPENDENT PUBLIC ACCOUNTANT whose reports are contained in this filing*                                                                                                                                                                                                                                                                                                        |                                       |                                            |
| Weaver<br>and<br>Tidwell,                                         | LLP                                                                                                                                                                                                                                                                                                                                                                              |                                       |                                            |
|                                                                   | _____________________________________________________________________________________<br>(Name – if individual, state last, first, and middle name)                                                                                                                                                                                                                              |                                       |                                            |
|                                                                   | _____________________________________________________________________________________                                                                                                                                                                                                                                                                                            | TX                                    |                                            |
| (Address)                                                         | (City)                                                                                                                                                                                                                                                                                                                                                                           | (State)                               | (Zip<br>Code)                              |
| 10/14/2003                                                        | _____________________________________________________________________________________                                                                                                                                                                                                                                                                                            | 410                                   |                                            |
| (Date of Registration with PCAOB)(if applicable)                  |                                                                                                                                                                                                                                                                                                                                                                                  |                                       | (PCAOB Registration Number, if applicable) |
|                                                                   | FOR OFFICIAL USE ONLY                                                                                                                                                                                                                                                                                                                                                            |                                       |                                            |
| *<br>CFR 240.17a-5(e)(1)(ii), if applicable.                      | Claims for exemption from the requirement that the annual reports be covered by the reports of an independent public<br>accountant must be supported by a statement of facts and circumstances relied on as the basis of the exemption. See 17<br>Persons who are to respond to the collection of information contained in this form are not required to respond unless the form |                                       |                                            |
| displays a currently valid OMB control number.                    |                                                                                                                                                                                                                                                                                                                                                                                  |                                       |                                            |
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| l, |  | Edward R. Balsmann |
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|----|--|--------------------|

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# CONTENTS

| Report of Independent Registered Public Accounting Firm |   |
|---------------------------------------------------------|---|
|                                                         |   |
| Financial Statements                                    |   |
| Statement of financial condition                        | 1 |
| Notes to financial statements                           | 2 |
|                                                         |   |

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# Report of Independent Registered Public Accounting Firm

The Member

# Opinion on the Financial Statement

Aviditi Financial, LLC We have audited the accompanying statement of financial condition of Aviditi Financial, LLC (the Company) as of December 31, 2022 and the related notes (collectively referred to as the "financial statement"). In our opinion the financial statement presents fairly in all material respects, the financial position of the Company as of December 31, 2022 in conformity with accounting principles generally accepted in the United States.

## Basis for Opinion

This financial statement is the responsibility of the Company's management. Our responsibility is to express an opinion on this financial statement based on our audit. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) ("PCAOB") and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statement is free of material misstatement, whether due to error or fraud. Aviditi Financial, LLC is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. As part of our audits we are required to obtain an understanding of internal control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over financial reporting. Accordingly, we express no such opinion. statement, whether due to error or fraud, and performing procedures that respond to those risks. Such financial statement. Our audit also included evaluating the accounting principles used and significant statement. We believe that our audit provides a reasonable basis for our opinion. We have served as the Company's auditor since 2020.

Our audit included performing procedures to assess the risks of material misstatement of the financial procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the estimates made by management, as well as evaluating the overall presentation of the financial

WEAVER AND TIDWELL, L.L.P.

Dallas, Texas February 28, 2023

> Weaver and Tidwell, L.L.P. 2300 North Field Street, Suite 1000 | Dallas, Texas 75201 Main: 972.490.1970

> > CPAs AND ADVISORS | WEAVER.COM

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# Aviditi Financial, LLC Statement of Financial Condition

|                                                  |                                       | Aviditi Financial, LLC        |
|--------------------------------------------------|---------------------------------------|-------------------------------|
|                                                  | Statement of Financial Condition      |                               |
|                                                  |                                       |                               |
|                                                  |                                       | December 31, 2022             |
| ASSETS                                           |                                       |                               |
| Cash and Cash Equivalents<br>Accounts Receivable |                                       | \$<br>6,287,800<br>29,002,059 |
| Other Assets                                     |                                       | 64,321                        |
|                                                  | TOTAL ASSETS                          | \$<br>35,354,180              |
|                                                  |                                       |                               |
| LIABILITIES AND MEMBER'S EQUITY<br>Liabilities   |                                       |                               |
| Due to Affiliate                                 |                                       | 3,441,853                     |
| Other Liabilities                                |                                       | 475,270                       |
|                                                  | TOTAL LIABILITIES                     | 3,917,123                     |
|                                                  | MEMBER'S EQUITY                       | 31,437,057                    |
|                                                  | TOTAL LIABILITIES AND MEMBER'S EQUITY | \$<br>35,354,180              |

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### Note 1. Organization and Business Description

Aviditi Financial, LLC (the Company) is a Texas limited liability company and a wholly-owned subsidiary of Aviditi Capital Advisors, LLC (the Member or the Parent). The Company was formed on August 26, 2019 and commenced operations on September 1, 2019. The Company is registered as a brokerdealer with the Securities and Exchange Commission (the SEC) and a member of the Financial Industry Regulatory Authority (FINRA). The Company advises on mergers and acquisitions of private companies. The Company also advises on and/or participates in the structure and/or as a placement agent in private placements for private companies.

The Company does not claim an exemption from SEA Rule 15c3-3, in reliance to Footnote 74 of SEC Release 34-70073, as discussed in Q&A 8 of the related FAQ issued by SEC staff. The Firm does not and will not (1) directly or indirectly receive, hold, or otherwise owe funds or securities for or to customers, (2) does not and will not carry accounts of or for customers and (3) does not and will not carry PAB accounts. Accordingly, the Company is recognized by FINRA under the Non-Covered Firm provision and is not subject to the requirements of the provisions of Rule 15c3-3(e) (The Customer Protection Rule) and does not maintain a Special Account for the Exclusive Benefit of Customers.

### Note 2. Summary of Significant Accounting Policies

### Basis of Accounting

The accompanying financial statements have been prepared on the accrual basis in accordance with U.S. generally accepted accounting principles (U.S. GAAP).

### Use of Estimates

The preparation of financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates.

### Cash and Cash Equivalents

Cash and cash equivalents includes balances on deposit with banks with original issuances of 90 days or less. The Company maintains its accounts with highly rated commercial banks. At times, balances may exceed the Federal Deposit Insurance Corporation coverage limit of \$250,000. The Company does not expect any losses with respect to these counterparties.

### Translation of Foreign Currencies

Assets and liabilities denominated in foreign currencies are translated at year-end rates of exchange

The timing of the Company's revenue recognition may differ from the timing of payment by the Company's customers. The Company records a receivable when revenue is recognized prior to payment and the company has an unconditional right to payment. Alternatively, when payment precedes the provision of the related services, the Company records deferred revenue until the performance obligations are satisfied. Accounts receivable was \$16,589,737 at the beginning of the year and \$29,002,059 at the end of the year. Contract liabilities totaled \$250,000 at the beginning of the year and \$350,000 at the end of the year and \$250,000 recognized as a liability on December 31, 2021 was recorded as revenue during the year ended December 31, 2022. The contract liabilities recorded as of December 31, 2022 are included in other liabilities on the Statement of Financial Condition.

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### Note 2. Summary of Significant Accounting Policies – continued

## Fair Value of Financial Assets and Liabilities

The Company's financial assets and liabilities are carried at fair value or amounts approximating fair value. The Company's financial assets and liabilities include Cash, Accounts Receivable, Other Assets, Due to Affiliate and Other Liabilities.

U.S.GAAP establishes a hierarchical disclosure framework that prioritizes and ranks the level of market price observability used in measuring financial instruments at fair value. Financial instruments with readily available quoted prices in active markets generally will have a higher degree of market price observability and a lesser degree of judgment used in measuring fair value.

Financial instruments measured and reported at fair value are classified based upon the observability of inputs used in the determination of fair value as follows:

Level I - Quoted prices are available in active markets for identical financial instruments at the reporting date.

Level II - Pricing inputs are those that are other than quoted market prices in active markets, which are either directly or indirectly observable at the reporting date.

Level III - Pricing inputs are unobservable for the financial instruments and include situations where there is little, if any, market activity for the financial instrument.

Accounts Receivable includes Private Placement Fee receivables. Certain long-term receivables related to Private Placement Fees are paid in installments over a period of two to four years.

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### Note 2. Summary of Significant Accounting Policies – continued

### Income Taxes

Under the provisions of the Internal Revenue Code, the Company is treated as a division of the Member, which is a flow-through entity. As such, no federal income taxes have been provided for by the Company in the accompanying financial statements as the Company's taxable income or loss is included in the tax return of the Member.

The Company applies the provisions of ASC 740, "Income Taxes", which clarifies the accounting and disclosure for uncertainty in tax positions. The Company analyzed its tax filing positions in the federal, state, and foreign tax jurisdictions where it is required to file income tax returns for all open tax years. Based on this review, no liabilities for uncertain income tax positions were required to be recorded pursuant to ASC 740. As of December 31, 2022, the Company did not have a liability recorded for payment of interest and penalties associated with uncertain tax positions.

### Note 3. Significant Risk Factors

## Credit Risk

Credit risk represents the potential loss that the Company would incur if customers failed to perform pursuant to the terms of their obligations to the Company. The Company minimizes its exposure to credit risk by conducting appropriate due diligence on customers prior to engaging and ongoing diligence on customer performance during and after transaction execution.

### Indemnifications

In the normal course of business, the Company enters into contracts that contain a variety of representations and warranties that provide indemnifications under certain circumstances. The Company's maximum exposure under these arrangements is unknown, as this would involve future claims that may be made against the Company that have not yet occurred. The Company believes that it is unlikely it will have to make material payments under these arrangements and has not recorded any contingent liability in the financial statements for these indemnifications.

## Note 4. Net Capital Requirements

The Company is subject to the SEC Uniform Net Capital Rule (SEC Rule 15c3-1), which requires the maintenance of minimum net capital and requires that the ratio of aggregate indebtedness to net capital, both as defined, shall not exceed 15 to 1. Rule 15c3-1 also provides that equity capital may not be withdrawn or cash distributions paid if the resulting net capital ratio would exceed 12 to 1.

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Note 5. Related-Party Transactions The Company has an Administrative Services Agreement (the "Agreement") with the Parent. The Parent provides personnel, transaction support, referrals, accounting, legal, tax, compliance and related services to the Company, as needed. Where possible, the Agreement allows for expenses to be allocated on a specific identification basis and, in other cases, expenses are allocated by the Parent on a pro rata basis of headcount, usage or some other basis depending on the nature of the allocated cost. Both the Company and the Parent consider the basis on which the expenses are allocated to be a reasonable reflection of the utilization of services provided to the Company during the year. The allocations may not, however reflect the expense the Company would have incurred if the Company was independent of the Parent. uring the year ended December 31, 2022, the Company remitted a \$4,000,000 equity distribution to the Parent. off the recognized amounts and there is an intention to settle on a net basis, or realize the asset and settle the liability simultaneously. Due to Affiliate as of December 31, 2022 includes amounts due to the Parent Note 6. Concentrations Note 7. Subsequent Events The Company has evaluated subsequent events for potential recognition and/or disclosure through February 28, 2023, the date the financial statements were issued, noting none.

Receivables from and payables to the Parent are offset and the net amount receivable from and/or due to Parent is reported in the Statement of Financial Condition as there is a legally enforceable right to set under the Agreement.

The Company had certain customers whose r individually represented 10% or more of the Company's total accounts receivable for the year ended December 31, 2022. Three customers represented approximately 49% of the Company's accounts receivable at December 31, 2022.


Source: SEC EDGAR via Adviser Search (https://search.stillhousedata.com). Agents: see https://search.stillhousedata.com/llms.txt.
